Bob Henline

The Western News

Another complaint from Libby could soon land on the desk of Montana Commissioner of Political Practices Jonathan Motl. 

Libby resident D.C. Orr appeared at what was supposed to be a meeting of the Libby City Council judiciary committee Wednesday morning and presented a draft complaint he said he intends to file with the commissioner focused on improper gifts given to Mayor Doug Roll by the City Attorney, Allan Payne, prior to Payne’s appointment.

In the draft document, Orr claims the free legal advice Payne provided Roll in his capacity as mayor constitutes a violation of Montana law under Montana Code Annotated 2-2-104.

“Specifically, the undersigned allege violation of MCA 2-2-104 in the gift of free legal advice that Mayor Roll received from Allan Payne,” Orr stated in the document. “Further, Mayor Roll’s use of his discretionary authority to appoint Allan Payne as the highest paid attorney in Libby’s history demonstrates that the gift influenced an official action on the part of Doug Roll. This would also meet the criteria for constituting a bribe under MCA 45-7-101.”

Section 2-2-104 spells out the rules of conduct for public officials and employees.

“A public officer, legislator or public employee may not: (b) accept a gift of substantial value or a substantial economic benefit tantamount to a gift: (i) that would tend improperly to influence a reasonable person in the person’s position to depart from the faithful and impartial discharge of a person’s public duties; or (ii) that the person knows or that a reasonable person in that person’s position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken.”

In a sworn deposition of May 13, 2014, Roll acknowledged Payne provided him legal advice both “personally and otherwise,” prior to his appointment as Libby’s City Attorney.

Roll indicated the advice sought by him and provided by Payne was in relation to the City of Libby’s lawsuit against Councilman Allen Olsen. The suit, filed by former City Attorney James Reintsma on behalf of the city, sought to have Olsen stricken from the 2013 mayoral election ballot and removed from his seat on the City Council due to a dispute about his residence.

Judge James Wheelis dismissed the lawsuit against Olsen and declared it frivolous. The city later 

settled with Olsen for $49,500, which only covered Olsen’s legal fees after his attorney agreed to the reduced amount. The suit also resulted in a finding of fact from the Commissioner of Political Practices that Roll, Reintsma and five current and former council members violated the express advocacy provisions of Montana campaign law and improperly used public resources to influence the 2013 mayoral election in which Roll defeated Olsen by 13 votes.

Payne refused to comment on the pending complaint, indicating should it be filed, he would respond. Payne would not answer the question as to whether or not he provided free legal advice to Roll.

Orr said he was finalizing the complaint this week and would likely have it ready to file by Friday. He asked Olsen and Councilwoman Dejon Raines, the only other member of the City Council in attendance at the Wednesday meeting, if they would sign the complaint. Both indicated they would seek legal advice before participating in the complaint.

The other two members of the judiciary committee, Peggy Williams and Bill Bischoff, did not attend the meeting. Olsen requested the meeting with an email to the full City Council June 3, but the meeting was never posted at City Hall.